Texas Voting Requirements

Why This Matters

Texas voting requirements aren't just bureaucratic hurdles—they're the practical application of federalism and state sovereignty in action. When you study these requirements, you're really learning how Texas exercises its constitutional authority to regulate elections while operating within federal constraints like the Voting Rights Act and the 14th and 15th Amendments. The exam will test your understanding of who sets voting rules, why certain restrictions exist, and how Texas compares to other states in terms of voter access.

Don't just memorize that you need to be 18 to vote—understand that each requirement reflects a policy choice Texas has made about ballot access versus election security. Some requirements (like photo ID) have been hotly contested in courts, while others (like citizenship) are federally mandated. Know what concept each requirement illustrates: Is it about eligibility, registration procedures, identification, or special circumstances? That's what FRQs will ask you to analyze.

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Baseline Eligibility Requirements

These are the fundamental qualifications that determine whether someone can vote at all. They're rooted in both federal constitutional requirements and Texas state law.

U.S. Citizenship Requirement

• Federal mandate, state enforcement—the Constitution reserves voting rights for citizens, and Texas requires proof during registration
• Non-citizens are categorically prohibited from voting in any Texas election, including local races
• Verification happens at registration, not typically at the polls, making the registration process the primary gatekeeping mechanism

Age Requirement (18 Years or Older)

• 26th Amendment sets the floor—no state can require voters to be older than 18, but Texas follows this federal minimum exactly
• 17-year-olds can preregister if they'll turn 18 by election day, encouraging early civic engagement
• Age verification occurs during registration, with election day as the qualifying date for determining eligibility

Mental Competency Requirements

• Court determination required—only individuals formally declared mentally incompetent by a judge lose voting rights
• Narrow application means most people with mental health conditions retain full voting rights
• Reflects state interest in ensuring voters can make informed decisions, though this requirement is rarely invoked

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Registration Procedures

Texas uses a voter registration system rather than same-day registration, which creates specific procedural requirements voters must navigate.

Texas Residency Requirement

• 30-day residency minimum ensures voters have a stake in local outcomes and prevents "voting tourism"
• Address must be current on registration—moving requires updating your registration to vote in your new precinct
• Intent-based standard means residency is where you intend to remain, not just where you're physically located

Registration Deadline (30 Days Before Election)

• Hard cutoff with no exceptions—miss the deadline, and you cannot vote in that election cycle
• Texas is among the strictest states for registration deadlines; many states allow same-day registration
• Strategic implication: voter registration drives must conclude well before elections to be effective

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Identification Requirements

Texas has some of the strictest voter ID laws in the nation, reflecting the state's emphasis on election security over ease of access.

Valid Photo ID Requirement

• Seven forms of acceptable ID including Texas driver's license, Texas Election Identification Certificate, U.S. passport, and military ID
• Provisional ballot option exists for voters without ID, but they must provide identification within six days for their vote to count
• Highly contested in courts—federal courts have found aspects of Texas's ID law discriminatory, leading to modifications allowing voters to sign affidavits if they face "reasonable impediments"

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Voting Rights Restrictions and Restoration

Texas, like most states, restricts voting rights for certain individuals but provides pathways for restoration.

Felony Conviction Restrictions

• Voting rights suspended during incarceration, parole, and probation—Texas takes a middle-ground approach nationally
• Automatic restoration occurs upon completing the full sentence, with no separate application required
• Misdemeanor convictions do not affect voting rights, an important distinction for exam questions about who can vote

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Voting Access and Flexibility

These provisions expand how and when eligible voters can cast ballots, though Texas remains more restrictive than many states.

No Party Affiliation Requirement for General Elections

• Open general elections mean any registered voter can vote for any candidate regardless of party
• Primary elections differ—voters must choose one party's primary and cannot cross over
• Reflects Texas's independent political culture and distinguishes general elections from the more partisan primary process

Early Voting Options

• 17-day early voting window (including weekends) begins before election day at designated locations
• Vote anywhere in your county during early voting, unlike election day when you're assigned a specific precinct
• Texas was an early adopter of extended early voting, though recent legislation has added restrictions on hours and locations

Absentee/Mail-In Voting Eligibility Criteria

• Restricted eligibility—only voters who are 65+, disabled, out of county during the election period, or confined can vote by mail
• No universal mail voting in Texas, unlike states that send ballots to all registered voters
• Strict deadlines apply for both requesting and returning mail ballots, with recent laws adding ID requirements to mail ballot applications

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Quick Reference Table

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Self-Check Questions

1. Which two Texas voting requirements both involve a 30-day time period, and what different purposes do they serve?

2. Compare Texas's approach to felon voting rights with states that never revoke voting rights. What does Texas's "automatic restoration" policy suggest about its balance between punishment and civic reintegration?

3. A 17-year-old Texas resident wants to vote in the November general election. Under what circumstances would they be eligible, and what step must they take beforehand?

4. If an FRQ asks you to evaluate whether Texas prioritizes election security or voter access, which two requirements would provide the strongest evidence for the "security" argument?

5. Explain why early voting is available to all registered voters while mail-in voting is restricted to specific categories. What does this distinction reveal about Texas's approach to ballot access?